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NAND PRABHA SHUKLA
Lakshmi Narayan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
NAND PRABHA SHUKLA, J.
1. Heard Sri Ashutosh Mishra, learned counsel for the petitioners, Sri Rajiv Kumar, Advocate holding brief of Sri Kashif Gilani, learned counsel for the respondent Nos. 5 and 7, Sri Rakesh Kumar Mishra, learned counsel for the respondent No. 6, Sri Suraj Singh, learned A.G.A. for the State of U.P. and perused the record.
2. The present writ petition under Article 227 of the Constitution of India has been filed with a prayer to set-aside the order dated 28.08.2023 (Anneuxre-1) passed by learned Additional Sessions Judge-I, Court No. 1, Jaunpur in Criminal Revision No. 167 of 2023 (Rajkumar and others vs. State of U.P. and others), arising out of Case No. 4287 of 2022 under Section 145 Cr.P.C. during the pendency of this present petition.
3. Briefly, the dispute pertains to Plot No. 287 Ka situated at Village Belwa, Tehsil Mariahu, District-Jaunpur, which belongs to the petitioner No. 1 Laxmi Narayan whose name was recorded in the CH Form 45 during the consolidation proceedings. The petitioner has been residing over the said plot after constructing a two storey house using the second floor for residential purpose and the first floor with a godown for run
The court affirmed that proceedings under Section 145 Cr.P.C. cannot continue when a civil suit regarding the same property is pending, emphasizing the civil court's authority to determine title and ....
Section 145 proceedings can continue despite a pending civil suit if no protective orders are granted, balancing civil and criminal jurisdiction.
Criminal proceedings under Sections 145 and 146 Cr.P.C cannot overrule ongoing civil litigation regarding property ownership, necessitating the maintenance of status quo in possession.
Courts must focus on possession and breach of peace under Section 145 Cr.P.C., and not decide title or right of possession. Proceedings under Section 145/146 Cr.P.C. must end if Civil Court is seized....
The proceedings under Section 145 of the Code of Criminal Procedure are intended to maintain public order and do not adjudicate property title, focusing instead on actual possession to prevent breach....
Point of Law : Section 145 of Code concerned with restoration of possession and prevention of breach of peace and tranquillity.
Point of law: When a civil litigation is pending for the same property wherein the question of possession is involved and the parties are in a position to approach the civil court for interim orders ....
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